ZER AJAM KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA arts — 2024 PLC(CS) 283 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLC(CS) 283 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLC
Parties: ZER AJAM KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA arts
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZER AJAM KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA arts.212 & 199---Civil Service---Seniority list for the purpose of promotion, issuance of---Constitutional jurisdiction of the High Court---Scope---Petitioner (Drawing Master) invoked constitutional jurisdiction of the High Court contending that the respondents (Education Department) had wrongly issued the seniority list on the basis of date of taking over the charge instead of date of first appointment---Validity---Record revealed that the petitioner was a civil servant who was serving as Drawing Master in the Education Department, therefore, the question of seniority agitated before the High Court was covered by the terms and conditions of service, for which the relevant Tribunal had already been established and the jurisdiction of the High Court was barred under art. 212 of the Constitution---any petition or proceedings relating to the terms and conditions of service should not be entertained by the High Court in its constitutional jurisdiction under art. 199 of the Constitution---In view of the facts and circumstances of the present case, entertaining and then proceeding with the constitutional petitions amounted to defeating the express constitutional mandate under which Tribunal was vested with jurisdiction to deal with the matters of civil servants---Petitioner, being a civil servant, could not be granted any relief in constitutional jurisdiction of the High Court---Constitutional petition was dismissed, in circumstances.

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